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Case C-445/19: Judgment of the Court (Grand Chamber) of 24 November 2020 (request for a preliminary ruling from the Østre Landsret — Denmark) — Viasat Broadcasting UK Ltd v TV2/Danmark A/S, Kingdom of Denmark (Reference for a preliminary ruling — State aid — Public-service broadcaster — Article 106(2) TFEU — Services of general economic interest — Aid compatible with the internal market — Article 108(3) TFEU — Notification — Failure to notify — Recipient’s obligation to pay interest in respect of the period during which that aid was unlawful — Calculation of interest — Amounts to be included)
ECLI:EU:UNKNOWN:62019CA0445
62019CA0445
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Official Journal of the European Union
C 35/15
(Case C-445/19) (*)
(Reference for a preliminary ruling - State aid - Public-service broadcaster - Article 106(2) TFEU - Services of general economic interest - Aid compatible with the internal market - Article 108(3) TFEU - Notification - Failure to notify - Recipient’s obligation to pay interest in respect of the period during which that aid was unlawful - Calculation of interest - Amounts to be included)
(2021/C 35/19)
Language of the case: Danish
Referring court
Parties to the main proceedings
Applicant: Viasat Broadcasting UK Ltd
Defendants: TV2/Danmark A/S, Kingdom of Denmark
Operative part of the judgment
1.Article 108(3) TFEU must be interpreted as meaning that the obligation incumbent on national courts to order the recipient of State aid implemented in breach of that provision to pay illegality interest in respect of that aid also applies where, by its final decision, the European Commission finds that that aid is compatible with the internal market pursuant to Article 106(2) TFEU.
2.Article 108(3) TFEU must be interpreted as meaning that the obligation which is incumbent on national courts to order the recipient of State aid implemented in breach of that provision to pay illegality interest in respect of that aid applies also to aid which that recipient has transferred to affiliated undertakings and to aid received by it from a publicly controlled undertaking.
(*) Language of the case: Danish.